UNCLOS

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Two Weeks in Review: 10—21 August 2026

As we swelter through late summer, a hardy few have retained a cool hold over their critical faculties. In the last two weeks, attention has turned chiefly to the ICC: from the in absentia convictions of members of the Rapid Support Forces, to the removal of ICC Prosecutor Karim Khan, and a decision recognising that a State Party may face conflicting obligations when asked to arrest a person attending UN-convened peace talks. The deep seabed has also remained in focus, with reflections on the International Seabed Authority’s supervisory powers under Part XI UNCLOS, as well as the vulnerability of submarine cables under existing international legal protections. Meanwhile recent trends in climate litigation seem to be shifting away from individual harm towards structural injunctions, increasingly vesting initiative and authority with NGOs. And the recent crisis in Ceuta raises foundational questions about the existence of an international duty on states to control borders. Not to mention the nuclear order under threat on the EJIL Podcast, and the unwritten rulebook for the succession of judges at the ICJ.

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Can “Safety Zones” provide Safety to Critical Submarine Cables?

Following the submarine cable cuts in the Baltic Sea, the Australian Federal Police was urged to commence an investigation at the behest of Subco, a private submarine cable operator, concerning the damage to two submarine cables. On the second August weekend, technicians detected faults on two submarine cables in an offshore area located in Australia’s EEZ.

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Institutional Discretion, Due Process and the Common Heritage of Humankind: The First Provisional Measures Orders in NORI and TOML v. the Authority

The first contentious proceedings ever brought before the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea (the Chamber) concern far more than a procedural dispute between two contractors and the International Seabed Authority (the Authority). They represent the first judicial examination of the legal limits of the Authority’s discretion when exercising the supervisory…

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The Spanish Supreme Court on Rejection at the Borders of Ceuta and Melilla: What About Human Rights at Sea?

Ceuta and Melilla are Spanish Autonomous Cities located on the northern coast of Africa and bordering Morocco. They occupy a singular position within the European legal order. They simultaneously constitute the external borders of Spain, the European Union, and the Schengen Area, making them the only land frontiers between Europe and Africa. For decades, these borders have been…

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Two Weeks in Review: 13—24 July 2026

The last fortnight has seen commentators focus primarily on conflict, climate, and immigration. A mini-symposium has ranged over a number of legal questions raised by a potential Russia-Ukraine peace treaty: from  VCLT rules on treaty validity and security guarantees, to free economic zones and the question of the reconstruction of Ukraine through seized assets of the Russian Central…

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